Case Reports

UPC Case Reports

Should a stay be ordered?
08 March 2024
10X Genomics, Inc. v Nanostring Technologies Inc. & Ors (UPC_CFI_2/2023; UPC_CoA_335/2023) Order of Court of Appeal on 26 February 2024 On 19 September 2023, the Munich Local Division issued a...
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UPC
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Recent cases
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Appeal
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Suspension (stay) of proceedings
Why did the Court of Appeal reverse the local division injunction in 10x Genomics vs Nanostring?
07 March 2024
In the first ever public hearing of the Court of Appeal of the Unified Patent Court, the provisional injunction obtained by 10x Genomics against NanoString during first instance proceedings has been...
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UPC
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Recent cases
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Appeal
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Inventive step
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Provisional injunction
A caution on the availability of extensions
05 March 2024
ITCiCo Spain S.L. v Bayerische Motoren Werke Aktiengesellschaf (UPC_CFI_412/2023) Order dated 9 February 2024 (ORD_4804/2024) Background A revocation action was brought in the Paris Central Division...
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UPC
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Recent cases
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Revocation
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Time limits
Access to documents – representation
20 February 2024
Ocado v Autostore – appeal on access to documents UPC_CoA_404/2023 Order of 8 February 2024[1] In the Appeal by Ocado against the Order[2] from the Nordic Baltic regional division granting a request...
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UPC
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Recent cases
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Access to documents
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Representation
Financial penalties for disclosure of confidential information
14 February 2024
In this article we discuss two cases which address financial penalties for breach of confidentiality. Krauss-Maffei Extrusion GmbH v Troester GmbH & Co KG (UPC_CFI_181/2023) Order of 27 December 2023...
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UPC
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Recent cases
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Confidentiality
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Penalty payment
Discretionary review or appeal?
13 February 2024
Huawei Technologies Co., Ltd v Netgear Inc & Ors (UPC_CFI_9/2023) Order of Court of Appeal on 11 January 2024 (UPC_CoA_486/2023); Appeal against ORD_588901/2023 dated 11 December 2023 Huawei sued...
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UPC
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Recent cases
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Appeal
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Other procedural aspects
Discretion allowing in expert declarations
09 February 2024
Sanofi-Aventis Deutschland GmbH & Ors v Amgen Inc (UPC_CFI_1/2023) Order dated 24 January 2024 (ORD_2233/2024) The pleadings in this revocation action had progressed to the rejoinder by defendant...
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UPC
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Recent cases
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Evidence (expert)
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Other procedural aspects
AARKE AB v SODASTREAM Industries Ltd., Order of 16 January 2024
05 February 2024
Background In a dispute between Aarke AB, a Swedish company, and SodaStream Industries Ltd, an Israeli company, Aarke, as the defendant to infringement proceedings, successfully applied to change the...
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UPC
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Recent cases
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Language
Claim construction at the UPC
01 February 2024
For a European patent to be granted, the claims must be "clear and concise". However, some ambiguity or lack of clarity may be identified in granted claims, during infringement or invalidity...
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UPC
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Recent cases
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Infringement
EX PARTE PI GRANTED
25 January 2024
Ortovox Sportartikel GmbH vs Mammut Sports Group AG and Mammut Sports Group GmbH Düsseldorf Local Division Order of 11 December 2023[1] Introduction Ortovox Sportartikel GmbH (in the following...
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UPC
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Recent cases
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Infringement
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Provisional injunction
Requirements for an intervention
23 January 2024
In the matter of an appeal by Ocado Innovation Limited and applications to intervene by (1) Mathys & Squire LLP and (2) Bristows (Ireland ) LLP Order of Court of Appeal dated 10 January 2024 By Order...
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UPC
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Recent cases
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Intervention
C-KORE v Novawell: Paris local division grants evidence preservation order in subsea testing apparatus dispute
10 January 2024
Order of 14 November 2023 (ORD_587064/2023) This was another successful application for preserving evidence, following those in the Oerlikon v Himson, Oerlikon v Bhagat Group, Jozef Frans Nelissen v...
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UPC
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Recent cases
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Infringement
How the UPC Handles Requests for Confidentiality
09 January 2024
Two recently published judgments from the Unified Patent Court clarify how requests for confidentiality, both in respect to parties to the proceedings and in respect of third parties, are handled.
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UPC
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Recent cases
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Confidentiality
UPC Declines to Grant Provisional Injunction
08 January 2024
SES-imagotag SA v Hanshow Technology Co. Ltd. and others UPC_CFI_292/2023 Order of 20 December 2023 (ORD_596193/2023)[1] SES-imagotag is the proprietor of EP 3883277, which had been opted out of the...
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UPC
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Recent cases
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Infringement
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Provisional injunction
Service on defendants outside the jurisdiction
05 January 2024
Panasonic Holdings Corporation v Xiaomi Technology Germany GmbH & 9 Others (UPC_CFI_219/2023) Order of 8 December 2023 The Claimant argues that defendants 1, 2, and 8 based in China and 7 based in...
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UPC
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Recent cases
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Service of actions

Other Case Reports

Successful appeal deprives penalty payment of basis
10 January 2025
Nanostring v 10x Genomics UPC_CoA_470/2023 Order of 10 December 2024 (ORD_598533/2023) As we previously reported, the Munich Local Division of the UPC imposed a penalty payment against Nanostring for...
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UPC grants penalty payment for non-compliance with production order
09 January 2025
Koninklijke Philips N.V. ("Philips") v Belkin International, Inc., Belkin GMBH and Belkin Limited (collectively "Belkin") - UPC_CFI_390/2023 relating to EP 2867997 B1 Order of 18 December 2024 -...
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Incomplete secondary evidence pleaded late in proceedings has no chance against prima facie obviousness in High Court decision
25 November 2024
A 163-page judgment for Pfizer Limited v. GlaxoSmithKline Biologicals S.A. & Anor [2024] EWHC 2523 was handed down on 7 October 2024 by Mr Justice Mellor.
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Munich Local Division issues the first decision by default in an infringement proceeding as Defendant does not respond to Statement of Claim
14 October 2024
i-mop GmbH v ARCORA International GmbH (UPC_CFI_193/2024) Order dated 11 October 2024 (ORD_47439/2024) concerning EP 3 760 094 B1 The patent in suit EP 3 760 094 B1 relates to a floor cleaning device.
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Recent cases
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Infringement
T 1741/22 - no credible technical effect produced by deriving additional data from medical measurements
19 September 2024
An interesting "B" decision from Board 3.5.05 was published yesterday relating to the generation of new data from medical measurements being relied on for a technical effect.
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EPO
A Late Challenge: PI refused for alleged VAR infringement
10 September 2024
Ballinno B.V. v UEFA, Kinexon GmbH and Kinexon Sports & Media GmbH UPC_CFI_151/2024 Order of 3 June 2024 ORD_39782/2024[1] Whilst thoughts of Euro '24 may be starting to slip into the past...
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Recent cases
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Infringement
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Provisional injunction
No Country for New Laws
22 July 2024
Trailblazing developments in Artificial Intelligence have left a litany of complex legal cases in their wake, and judges are tasked with deciding how old law should be interpreted against the...
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€325 million Funding for Semiconductor Research and Innovation in the UK and the EU
09 July 2024
Europe's Chips Joint Undertaking has bolstered its support for the semiconductor industry by announcing three funding calls with a combined value of up to €325M.
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An Ocean Apart – Differences in US and EPO claim interpretation
04 June 2024
Recent cases from the US Federal Circuit and the EPO Boards of Appeal highlight how the two jurisdictions have reached strict, and completely opposite, approaches to interpreting claims in light of...
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Court of Appeal affirms death of Bayer’s blood clotting patent in expedited hearing
03 June 2024
The Court of Appeal announced at the conclusion of the hearing, on 16 May 2024, that Bayer's appeal in the rivaroxaban litigation against a finding of invalidity following challenges by a number of...
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T 0192/22 - Is a first medical use claim a magic bullet?
31 May 2024
The EIP team was pleased to receive the BoA Decision on T 0197/22 earlier this month, providing the reasons for revocation of Translate Bio's EP 3318248 B1 at the oral proceedings held in March,...
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T 1762/21 – The EPO Board of Appeal Clarifies the Term “Inextricably Linked” When Assessing an Intermediate Generalisation
24 May 2024
A recent decision from a Technical Board of Appeal of the European Patent Office provides clarity as to how "intermediate generalisations" are assessed for added matter.
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EPO
Updated EPO Guidelines on AI – why US companies should encourage close collaboration between their US and European attorneys on AI patent applications
20 May 2024
On 1 March 2024, the European Patent Office (EPO) updated its Guidelines for Examination regarding AI inventions. This included new wording relating to the sufficient disclosure of training data.
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Court of Appeal takes AIM at attempts to show knock-on effect of pragmatic case management
15 May 2024
Supponor Ltd v AIM Sport Development AG [2024] EWCA Civ 396 In a judgment handed down on 23 April 2024, the Court of Appeal dismissed Supponor's appeal against the decision of Meade J in the High...
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Blood drains from Bayer patent as it is found to be non-inventive
07 May 2024
We previously reported on Bayer's application seeking an interim injunction against a number of generics companies to protect its rivaroxaban product (link) ahead of the imminent judgment on validity...
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